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You read that one of the main Junctions of the judiciary is upholding the law and enforcing Fundamental Rights? Why do you think an independent judiciary is necessary to carry out this important function?
Only an independent judiciary are able to protect our Fundamental Rights. The judiciary should be above all prejudices.
The control over the judge does not allow the judge to take an independent decision. This lack of independence would force the judge to make all judgments in biased manners.
Re-read the list of Fundamental Rights provided in Chapter 1. How do you think the Right to Constitutional Remedies connects to the idea of judicial review?
The Rights to Constitutional Remedies allows citizens to approach the court if they believe that any of their Fundamental Rights have been violated by the State.
The judiciary has the power to strike down particular laws passed by the Parliament if it finds that they violate the basic structure of the constitution.
Hence, the Right to Constitutional Remedies connects to the idea of judicial review.
In the following illustration, fill in each tier with the judgements given by the various courts in the Sudha Goel case. Check your responses with others in class.
Why do you think the introduction of Public Interest Litigation (PIL) in the 1980s is a significant step in ensuring access to justice for all?
PIL is a mechanism devised to increase access to justice.
It allowed any individual or organisation to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated. The legal process was greatly simplified and even a letter or telegram addressed to the Supreme Court or the High Court could be treated as a PIL.
Re-read excerpts from the judgement on the ‘Olga Tellis vs Bombay Municipal Corporation’ case. Now write in your own words what the judges meant when they said that the Right to Livelihood was a part of the Right to Life.
Judges meant was that no person can live without the means of livelihood. The judgement also established the Right to Livelihood as part of the Right to Life.
Write a story around the theme, ‘Justice delayed is justice denied.’
The anti-Sikh riot in 1984, where the congress leaders are directly involved are yet to be punished. More than three decades have passed without appropriate judgement.
Make sentences with each of the glossary words given in the textbook.
Acquit, To appeal, Compensation, Eviction, Violation
(i)Acquit-The High Court acquitted john joseph of the charges of the murdering of his neighbour's son.
(ii)To appeal-Mr. Hari Ram approached the Supreme Court to appeal against the judgement of the High Court.
(iii)Compensation-The state government declared to pay compensation to the factory workers for injuries they received at work.
(iv)Eviction-The tenant faced eviction for not paying the rent.
(v)Violation-My neighbour was fined for violation of traffic rules.
Which one is not associated with civil law?
Divorce
Theft
Rent matters
Disputes related to sale of land
B.
Theft
C.
Rent matters
D.
Disputes related to sale of land
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The decisions made by the _____________ are binding on all other courts in India.
Supreme Court
Match the following options:
| A. Judiciary | (i) A common High Court at Chandigarh |
| B. Supreme Court | (ii) Very complicated |
| C. Punjab and Haryana | (iii) An organ of the State |
| D. Legal procedures | (iv) Subordinate Court |
| E. Trial Court | (v) New Delhi |
A. Judiciary | (i) An organ of the State |
B. Supreme Court | (ii) New Delhi |
C. Punjab and Haryana | (iii) A common High Court at Chandigarh |
D. Legal procedures | (iv) Very complicated |
E. Trial Court | (v) Subordinate Court |
What is meant by ‘judicial review’?
As the final interpreter of the Constitution, the judiciary also has the power to strike down particular laws passed by the Parliament if it believes that these are a violation of the basic structure of the Constitution. This is called judicial review.
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Where were High Courts first established and when?
High Courts were first established in the three Presidency cities of Calcutta, Bombay and Madras in 1962.
The seven north-east states have a common High Court.
Where is it located?
It is located at Guwahati, Assam.
What is meant by intergrated judicial system?
It means that the decisions made by higher courts are binding on the lower courts.
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What is meant by the appellate system?
This means that a person can appeal to a higher court if they believe that the judgment passed by the lower court is not just.
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Mention the offences that are associated with criminal law.
The offences are: Theft, harassing a woman for more dowry, murder.
In which Article of the Constitution is the Fundamental Right to Life guaranteed?
The Fundamental Right to Life is guaranteed in Article 21 of the Constitution.
What is the composition judges in the Supreme Court of India at present?
It comprises the Chief Justice of India and 30 other judges.
Write the full form of FIR and PIL.
FIR - First Information Report.
PIL - Public Interest Litigation.
Describe the mecahnism provided by judicial system in India.
The judicial system provides a mechanism for resolving disputes:
(i)between citizens
(ii)between citizens and the government
(iii)between two state governments
(iv)between the centre and state governments
Write the importance of independent judiciary.
It is the independence of the judiciary that allows the courts to play a central role in ensuring that there is no misuse of power by the legislature and the executive.
It also plays a crucial role in protecting the Fundamental Rights of citizens because anyone can approach the courts if they believe that their rights have been violated.
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What is the structures of the courts in India?
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Write a short note on Public Interest Litigation and its usage on early years.
Public Interest Litigation (PIL) is a mechanism devised by the Supreme Court of India in the early 1980s to increase access to justice.
Under this mechanism any individual or organisation is allowed to file a PIL in the High Court or the Supreme Court on behalf of those whose rights are being violated. The legal process that it involves is very simple. Even a letter or telegram addressed to the Supreme Court or the High Court can be treated as a PIL.
In the early years, PIL was used to secure justice on a large number of issues such as rescuing bonded labourers from inhuman work conditions; and securing the release of prisoners in Bihar who had been kept in jail even after their punishment term was complete.
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'In principle, the courts are accessible to all'. State the reality.
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Mention the significant differences between criminal and civil law.
The significant differences between civil law and criminal law are mentioned below:
|
Civil law |
Criminal law |
|
(a) Civil law deals with harm or injury to rights of individuals such as disputes relating to sale of land, purchase of goods, marriage, rent matters. (b) Criminal cases usually begin with the lodging of an FIR with the police who afterwards investigate the crime after which a case is filed in the court (c) If guilt is established against a person, then he can be sent to jail and also fined. |
(a) Criminal law deals with conduct or acts that the law defines as offences. Example-theft, robbery, cheating, physical injury and murder. (b) Civil cases begin with a petition that is filed before the relevant court by the affected party only. (c) The court gives the specific relief asked for. |
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